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P

pinochle

Guest
I was working as a secretary in a small corporation about 3 years ago. I fraudulantly diverted funds to my own use. The boss found out and his lawyer met with us. There was no criminal charges filed and I signed a promissory note for the balance I diverted. Aproximately 2 months after I signed the note the business was sold and lost my job. I have not been able to pay off the det on the promissory note and now I received a summons on complaint, with 3 clauses. 1: for the amount owed on the debt 2: for punitive damages 3: unjust enrichment My question is: If I pay my old boss the amount i owe him can he still come after me for the other damages?
 


JETX

Senior Member
Since your question ("If I pay my old boss the amount i owe him can he still come after me for the other damages?") did not mention the summons, I will only reply as to my opinion on your question.

It depends on the sales agreement for the business. If the sales agreement includes ALL assets of the business, then your note to repay would be considered an asset of the business and you would have to negotiate with the 'new' owners.

I would suggest that you write letters to BOTH the old owner and the new one (Certified RRR), you might consider including a copy of the agreement. Ask them to advise (in writing) which party you are to send payments to.
Then, live up to your end of the agreement.
 

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